43Review by Agency that may give rise to recommendation only

##### 43 Review by Agency that may give rise to recommendation only (1) For the purpose of reviewing a decision that may be reviewed under this section, the Agency shall make a decision in writing: (a) affirming the decision under review; or (b) making a recommendation in relation to the decision under review or in relation to the matter in respect of which the decision under review was made. (2) The Agency shall cause a copy of its decision to be given to the person applying for review and the person who made the decision under review. (3) Where the Agency, pursuant to paragraph (1)(b), makes a recommendation in relation to the decision under review, the person who made the decision shall, having regard to that recommendation, reconsider the matter in relation to which the decision under review was made. (4) Where, pursuant to paragraph (1)(b), the Agency recommends that: (a) the decision under review be varied; or (b) the decision under review be set aside and: (i) a specified decision be made in substitution for the decision so set aside; or (ii) a decision be made, in accordance with specified directions, in substitution for the decision so set aside; the person who made the decision under review has, by virtue of this subsection, power to take any action necessary to give effect to the recommendation of the Agency. (5) Where the Agency, pursuant to paragraph (1)(b), makes a recommendation and action that is, in the opinion of the Agency, adequate and appropriate in the circumstances is not taken with respect to the recommendation within a reasonable time after the Agency makes the recommendation, the Agency may inform the Prime Minister accordingly in writing. (6) Where the Agency has, in accordance with subsection (5), furnished information to the Prime Minister in relation to a recommendation, the Agency may also forward to the President of the Senate and the Speaker of the House of Representatives, for presentation to the Senate and the House of Representatives, respectively, copies of a report prepared by it concerning the recommendation for presentation to both Houses of the Parliament.